Suraj Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Suraj Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants till the next date of listing; case to be listed fresh on 03.09.2025 before the appropriate Bench; in the meantime, learned counsel for opposite party no.2 may file counter affidavit. Appeal not finally decided; no opinion expressed on merits.

Issue for consideration

Whether the learned Special Judge (SC/ST Act), Kaushambi, erred in taking cognizance of the offence under sections 323, 504, 506 IPC and sections 3(2)(va), 3(1)(dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (challenge to charge sheet No.01 of 2024 and cognizance/summoning order dated 08.01.2025). +1 more

Ratio / Principle

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case; the merits of the challenge to the charge sheet and cognizance order were not decided and the matter was directed to be listed fresh on 03.09.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), Criminal Appeal No. 2289 of 2025 — Suraj Kumar and 2 others v. State of U.P. and another (order dated 7.8.2025). Appeal praying quashing of charge sheet No.01 of 2024 dated 17.06.2024 and order of cognizance and summoning dated 08.01.2025 passed by the learned Special Judge (SC/ST Act), Kaushambi, in Case No. NIL of 2025 (State Vs. Suraj Kumar Dwivedi and others), arising out of Case Crime No.74 of 2024, Police Station Pipari, District Kaushambi, under sections 323, 504, 506 IPC and sections 3(2)(va), 3(1)(dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Contentions of appellants' counsel: the case was lodged only to put pressure on the appellants for refund of Rs.53,500/- earlier given as loan to the informant, and there is no medical report regarding injury. Notice to opposite party no.2 stood served (office report dated 30.04.2025) but no one appeared for him. The Court directed the case to be listed fresh on 03.09.2025 before the appropriate Bench, permitted opposite party no.2 to file counter affidavit in the meantime, and ordered that till the next date of listing no coercive action shall be taken against the applicants. Merits of the challenge were not decided.

Court No. - 89

Case :- CRIMINAL APPEAL No. - 2289 of 2025

Appellant :- Suraj Kumar And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Mishra,Ratnesh Mishra,Shubham Kumar Dubey Counsel for Respondent :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

List revised.

Heard Sri Shubham Kumar Dubey, learned counsel for the appellants and Sri Balwant Pratap Singh, learned A.G.A. for the State-opposite party no.1.

The present appeal has been filed by the appellants with prayer to quash the impugned charge sheet No.01 of 2024 dated 17.06.2024 as well as impugned order of cognizance and summoning dated 08.01.2025, passed by the learned Special Judge (SC/ST Act), Kaushambi, in Case No. NIL of 2025(State Vs. Suraj Kumar Dwivedi and others), arising out of Case Crime No.74 of 2024, under sections 323, 504, 506, IPC and section 3(2)(va), 3(1) (dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Pipari, District Kaushambi.

Vide order dated 19.03.2025 passed by the co-ordinate Bench of this Court, notice was issued to opposite party no.2. As per the office report dated 30.04.2025, notice has been served on opposite party no.2 through family members, but no one has appeared on his behalf.

It is contended by the learned counsel for the appellants that learned Special Judge(SC/ST Act), Kaushambi, has erred in taking

the cognizance of the offence under sections 323, 504, 506, IPC and section 3(2)(va), 3(1)(dha) of Scheduled Tribes (Prevention of Atrocities), Act, 1989. He further submits that only to put pressure on the appellants, as on earlier occasion the appellants have given advance money of Rs.53,500/- as loan to the informant and when the appellants asked for the refund of the said money, the present case has been lodged by the informant against the appellants. He further submits that there is no medical report regarding injury.

In view of the above submissions made by learned counsel for the appellants, list this case as fresh on 03.09.2025, before the appropriate Bench.

In the meantime, learned counsel for opposite party no.2 may file counter affidavit in the matter.

Till the next date of listing, no coercive action shall be taken against the applicants, in the aforesaid case.

Order Date :- 7.8.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad